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HomeMy WebLinkAboutNCS000578_Buck Stormwater Permits Hearing Officers Report_20180720ROY COOPER corerM MICHAEL S. REGAN secretary LINDA CULPEPPER rruerdm Director Memorandum f 'r T • Ham NORTH CAROLINA Environmental Quality July 20, 2018 To: Toby Vinson Interim Director, Islon of Energy, Mineral and Land Resources From: Jon Risgaard a� Section Chief, XRW41 Feeding Operations and Groundwater Section, Division of Water Resources Subject: NPDES Stormwater Permit Hearing - Duke Energy Carolinas, LLC - Buck Steam Station and Combustion Turbine Combined Cycle Facilities Hearing Officer's Report and Recommendations On June 13, 2018 1 served as Hearing Officer for a public hearing at the Rowan County Cooperative Extension on the proposed issuance of two National Pollution Discharge Elimination System (NPDES) stormwater discharge permits for the Buck Steam Station (former coal-fired plant) and Buck Combustion Turbine Combined Cycle (CTCC) Station sites, both Duke Energy Carolinas, LLC facilities in Salisbury; and one NPDES discharge permit for the Buck Combined Cycle Station, which includes the former coal-fired plant, the CTCC plant, the ash pond system, and a proposed ash"beneficiation plant. As Hearing Officer, my focus was to consider the public comments received during the notice period and comments given at the public hearing, ensure that the permit considers applicable concerns raised during the public comment period, and make recommendations to the Director of the Division of Energy, Mineral, and Land Resources (DEMLR) or final action on the draft permit. This memo provides a summary of the public hearing, comments received, staff response to the comments, and my recommendations for permit decision for the two NPDES stormwater permits. The permit under consideration and information about the hearing is included below. Buck CTCC Station - Permit Number NCS000554: This facility is located at 1385 Dukeville Road, Salisbury, NC - Rowan County. The Buck CTCC Station is natural gas-fired combined cycle power generation plant that came on-line in late 2011. The facility discharges stormwater through one outfall from the site's stormwater detention pond, into the Yadkin River (upper portion of High Rock Lake). Buck Steam Station - Permit Number NCS000578: This facility is located at 1555 Dukeville Road, Salisbury, NC - Rowan County, The Buck Steam Station is a retired coal-fired steam electric generating plant. The site was retired in 2013 and is undergoing closure. The facility has three (3) stormwater outfalls along an access road that will discharge industrial stormwater to the Lumber River and to an unnamed tributary to the Lumber River in the Lumber River Basin, once coal ash hauling begins. The facility also has seven (7) stormwater outfalls that drain the industrial areas. North Carolina Department of Environmental Quality i Division of Water Resources i Non -Discharge Branch 512 North Salisbury Street 11617 Mail Service Center i Raleigh, North Carolina 27699-1617 919.807.6332 Hearing Officer's Report June 13, 2018 Public Hearing Buck Steam Station and Buck CTCC Station — NPDES Stormwater Permits permit, whereas exceedance of wastewater discharge limits are violations of the NPDES wastewater permit. Also, once all industrial activity has ceased and contaminants/potential exposures from past industrial activities have been removed from specific drainage areas, stormwater discharges from those areas are no longer regulated under the NPDES program. Stormwater staff determined that no changes were necessary to the draft permits to address these comments. Part II, p. 8 of the Buck Steam Station stormwater permit already includes a stipulation that the permittee must submit a modification request to NC DEMLR should the permittee identify or create any new stormwater outfalls; remove any stormwater outfalls identified in the permit, or alter any drainage areas that change the potential pollutants in runoff discharged through corresponding outfalls. This provision addresses the scenario where industrial stormwater runoff is routed away from the ash basin, isolated from other wastewater discharges, and discharged separately from the Buck Steam Station site. A number of comments seemed to be concerned with assuring oversight of the permit conditions at the facility. Commitments or requirements for DEMLR staff to perform compliance oversight of the permitted activities are not items typically established in a permit. The following are recommendations for your consideration to improve clear communication with the permittee on the expectations of this permit, and to assure inspection staff are mindful of the complex nature of the subject facilities. My recommendation to issue the permits is not contingent on DEMLR's taking action on any of the following recommendations: 1. With the issuance of these permits, the DEMLR Winston-Salem Regional Office should contact the facility to first assure that the facility contacts are aware of the DEMLR Stormwater Program contacts in the regional office if they have questions. They should also assure that the facility makes the regional office aware in advance of planned movement of any ash material on either site. This contact should be designated to allow the regional office to schedule an onsite visit early on in this process to review the procedures utilized and evaluate any potential stormwater issues. 2. DEMLR has multiple programs that may be involved with activities on the facility site — Stormwater, Erosion and Sedimentation Control, and Dam Safety. DEMLR should ensure that when regional staff is on site for site visits or inspections associated with any of these program areas, staff should also be aware of the conditions related to other programs; be ready to assess potential issues; and make appropriate programs aware of any concerns. In turn, DEMLR staff should be sure to provide similar information in coordination with other Divisions as well. Based on our review of the information associated with these permits, public comments received, and discussions with Stormwater Program staff, I recommend that the Director move forward to issue both final permits with the minor changes that have been included. The final permits are attached to this package for your signature If you have any questions, please contact me to discuss. Hearing Officers Report June 13, 2018 Public Hearing Buck Steam Station and Buck CTCC Station — NPDES Stormwater Permits Attachment A: Announcement of Public Hearing PUBLIC NOTICE N.C. DEPARTMENT OF ENVIRONMENTAL QUALITY INTENT TO ISSUE: NPDES WASTEWATER PERMIT #NC0004774 AND STORMWATER PERMITS #NCS000554 AND #NCS000578 The N.C. Department of Environmental Quality (DEQ) proposes to issue National Pollutant Discharge Elimination System (NPDES) permits to Duke Energy Carolinas, LLC, effective 90 days from the publish date of this notice. DEQ is inviting public comment on the draft permits and has also scheduled a public hearing to gather comments. All comments received in writing by June 20, 2018 or presented at the public hearing will be considered in the agency's final determination regarding permit issuance and permit provisions. PERMIT APPLICATIONS Duke Energy Carolinas LLC, P.O. Box 1006, Charlotte, N.C., has applied for NPDES permits to discharge wastewater and stormwater from the Buck Combined Cycle Station, Dukeville Road, Rowan County, N.C., which comprises the Buck Steam Station and Buck Combustion Turbine Combined Cycle (CTCC) Station. The facilities discharge to the Yadkin River (High Rock Lake) in the Yadkin -Pee Dee River Basin. Chlorides, total dissolved solids and certain metals in one or more discharges are water quality -limited. These discharges may affect future allocations in this portion of the receiving stream. The thermal component of the wastewater discharge is subject to effluent limitations under the federal Clean Water Act sections 301/306 and 15A NCAC 2B.0211(3)0), which prohibits an exceedance of 2.8 degrees C (5.04 degrees F) above the natural water temperature, and in no case to exceed 35 degrees C (95 degrees F). The permit holder has requested a continuance of a CWA 316(a) variance, which would impose less stringent temperature limitations on the discharge. The proposed variance imposes a monthly average limit of 35 degrees C (95 degrees F). On the basis of 15A NCAC 2B.0208(2)(b) and other lawful standards and regulations, DEQ proposes to continue the 316(a) variance with renewal of the permit. The draft wastewater permit and related documents are available online at: h1!ps://bit.1y/2KSG7rm. The draft stormwater permits and related documents are available online at: https://bit.ly/2I91G58. Printed copies of the draft permits and related documents may also be reviewed at the department's Mooresville Regional Office. To make an appointment to review the documents, please call 704-663-1699. Written comments may be submitted by email to publiccommentsAncdenngov. Please be sure to include either "Buck SW" or "Buck WW" in the email's subject line. Written comments may also be submitted by mail to DEQ-Stormwater Permitting, 1612 Mail Service Center, Raleigh, N.C., 27699-1612. All comments received by June 20 will be considered in the agency's final determination regarding permit issuance and permit provisions. PUBLIC HEARING The N.C. Department of Environmental Quality will hold a public hearing to accept comments on the three draft permits at 6 p.m. Wednesday, June 13, 2018 at Rowan County Cooperative Extension, 2727 Old Concord Road, Salisbury, N.C. Speaker registration will begin at 5 p.m. June I J, ;M is IluDIIC Heanng Buck Steam Station and Buck CTCC Station — NPDES Stormwater Permits • Proposed monitoring does not include discharge limits. Instead the permit incorporates stormwater benchmark values that guide management responses. If sample results exceed any benchmark concentrations, the permittee must take actions outlined in the permit's tiered response structure. This concludes my overview of the draft NPDES Stormwater Permit. 1 will now turn the hearing over to the next Presenter, Rick Riddle." Hearing Officer's Report June 13, 2018 Public Hearing Buck Steam Station and Buck CTCC Station — NPDES Stormwater Permits Attachment C: Comments Received on Stormwater Permit The following section (subsequent attached pages) includes the written comments submitted during the comment period and the comments received at the public hearing.